Answer:
Illegitimate children — those born to a woman out of wedlock, those whom a man has accepted as his child, or those for whom he has accepted permanent responsibility — are included in the definition of a child under section 3(2) of the Act.
The term “child whom the deceased accepted as his own or for whom the deceased assumed permanent responsibility” is used here exclusively to refer to a child whom a male deceased person had accepted or taken on personal responsibility for (Willingstone Muchigi Kimari v Rahab Wanjiru Mugo, Nairobi Court of Appeal Civil Appeal Number 168 of 1990).
Note: Refer to the definition of dependant in section 29(b).
On this basis, an illegitimate child is capable of inheriting from the estate of the deceased, provided that the deceased regarded the child as his own or assumed permanent responsibility over said child.
The same was also touched on by the supreme court about a month later in the case of FAAF V RFM & 2 others (petition 35 of 2023) (June 30)
ReplyDeleteThe court essentially said that to deny such children the right to inherit would amount to discrimination contrary to the wishes of article 27(4)